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情况判决的核心在于公共利益和公民权益的平衡,但由于判决的适用条件中“公共利益”、“重大损失”的概念难以判断,在此前提下情况判决的实施有可能导致公共利益被滥用,公民权益也会遭到损害。为此必须从公共利益、重大损失的界定模式入手,首先由立法机关从立法上对这些概念加以界定,在此基础上司法机关在法律适用中进行解释以明确其具体界限,并且配合行政诉讼中的停止执行制度,以确保公民权益与公共利益的平衡。
The core of the judgment lies in the balance between the public interest and the citizen’s rights and interests. However, due to the “public interest” and “serious loss” concepts in the applicable conditions of judgments, judgments are difficult to judge. Under such circumstances, the implementation of the judgments may lead to public Interests are abused, civil rights will be compromised. To this end, we must start with the definition mode of public interests and heavy losses. First, legislatures should define these concepts from the perspective of legislation. On this basis, the judiciary should interpret the application of law so as to clarify its specific boundaries and cooperate with administrative litigation Stop the implementation of the system to ensure that the balance of civil rights and public interests.